Income assessment under SGB II of one-time municipal energy subsidies for mitigating winter 2022/2023 cost increases
Sintesi Legislator
Generato dall'IAThe Federal Social Court (BSG) reversed the lower court’s decision, ruling in favor of the claimant by determining that the one-time municipal "Resident Energy Money" (EEG) is not subject to income assessment under the Second Book of the Social Code (SGB II). The dispute concerned whether a flat-rate subsidy of €250 paid by a city to its residents during the 2022/2023 winter to offset rising energy costs constituted taxable income that should reduce the claimant’s statutory basic security benefits. The court held that such non-recurring, means-tested municipal relief payments aimed at mitigating specific financial hardships do not fall within the definition of income under § 11 SGB II, as they are not regular earnings or capital, and thus the claimant’s entitlement to benefits remained intact without reduction.
Regesto Legislator
Generato dall'IAIncome assessment under SGB II of one-time municipal energy subsidies for mitigating winter 2022/2023 cost increases: The dispute concerned whether a flat-rate subsidy of €250 paid by a city to its residents during the 2022/2023 winter to offset rising energy costs constituted taxable income that should reduce the claimant’s statutory basic security benefits. The court held that such non-recurring, means-tested municipal relief payments aimed at mitigating specific financial hardships do not fall within the definition of income under § 11 SGB II, as they are not regular earnings or capital, and thus the claimant’s entitlement to benefits remained intact without reduction.
Parole chiave
Generato dall'IADecisioni correlate
Generato dall'IATesto completo
Grundsicherung für Arbeitsuchende - Einkommensberücksichtigung - einmalige kommunale Leistung - Einwohner-Energie-Geld (EEG) der Stadt Kassel zur Abmilderung finanzieller Belastungen durch gestiegene Kosten der Energieversorgung während des Winterhalbjahres 2022/2023